Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

In Trademark law, determining the extent of protection afforded to composite marks, particularly those containing common or descriptive elements, remains a recurring challenge. This issue was recently considered by the Delhi High Court in an appeal decided by Justice Navin Chawla against an order refusing interim injunction in Mountain Valley Springs India Private Limited Vs Baby Forest Ayurveda Private Limited & Ors., FAO (OS) (Comm) 111/2024 & CM Appl. 33733/2024, CM Appl. 33736/2024. The…

In Imagine Marketing Pvt. Ltd. v. Exotic Mile, the Delhi High Court examined a procedural issue - whether a party could maintain a successive application for interim injunction seeking substantially the same relief that had not been granted earlier. The decision reiterates the principles governing the maintainability of successive interim injunction applications and the limited circumstances in which such applications may be entertained.

Can the use of a registered trademark be justified if it is used only in a descriptive sense? This question recently came before the Karnataka High Court in M/s. Jallan Enterprises v. M/s. Sarathi International Inc (Miscellaneous First Appeal No.5183 Of 2025 C/W Miscellaneous First Appeal No.5220 Of 2025), where the Court examined whether the use of the word “TULSI” on agarbatti packaging constituted trademark infringement or merely a descriptive reference to fragrance. In this significant…

As businesses increasingly expand across international markets, disputes concerning the protection of international trademarks in India have become more frequent. While Indian trademark law recognizes the doctrine of transborder reputation, protection is not granted solely on the basis of global recognition. A foreign proprietor must demonstrate that its goodwill and reputation have extended/spilled into the Indian market. These principles were recently examined by the Delhi High Court in the…

Recently, the Delhi High Court reaffirmed a basic principle, i.e., in cases where marks are filed on a “proposed-to-be-used” basis, priority in application prevails over subsequent commercial use. The Court held that when identical or similar marks are applied for on a “proposed to be used” basis, the prior applicant would have superior rights.

When it comes to trademark rights, a common assumption among global brands is that international fame and reputation automatically guarantee protection for their mark in every jurisdiction. However, the ruling of the Madras High Court in the dispute between 7–Eleven International LLC and Ravi Foods Private Limited shows that this is not always the case in India. In a significant decision, the Hon’ble Court reaffirmed that trademark protection in India is rooted in the principle of…

Recently, the Madras High Court in the case of ACE Foods Private Limited vs The Registrar of Trade Marks & Anr (CMA(TM) No. 22 of 2025), dealt with the question of whether Rule 45 and 46 of the Trade Marks Rules, 2017 are ultra vires to the powers vested under the Trade Marks Act, 1999 and held that non-filing of submissions under these stages cannot result in deemed abandonment of the application/opposition per se. This decision addresses a long-standing practice of the Trade Marks Registry…

Product packaging plays a crucial role in the consumer goods market where distinctive designs often become closely associated with a brand, such as the iconic Harpic bottle. To protect such features, companies commonly rely on design registrations, however, design protection is limited in duration to ten years, extendable by a further five years. This raises an important question: what happens once this protection expires?

It is a well-settled principle of trademark law that marks declared or recognised as well-known by the Trade Marks Registry or Courts enjoy a higher degree of protection. However, trademark owners often operate under the assumption that such protection grants blanket exclusivity across all classes of goods & services and even against remotely similar marks. The recent judgement of Madras High Court in case of The Procter and Gamble Company Vs IPI India Private Limited [O.P.(TM)Nos.48, 49 and 50…